Bill Text: HI SB405 | 2013 | Regular Session | Introduced

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Bill Title: OHA Package; PLDC; Consultation; Cultural Practices; Exemptions

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-01-22 - Referred to WTL/THA, WAM. [SB405 Detail]

Download: Hawaii-2013-SB405-Introduced.html

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THE SENATE	S.B. NO.	405
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to the public land development corporation.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 171C, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

     "§171C-A   Exchange of public lands.  Notwithstanding any provision of this chapter to the contrary, all exchanges of land to which the public land development corporation holds title shall be subject to the provisions of section 171-50.

     §171C-B  Continuing payment of pro rata share of revenues from the public land trust.  Notwithstanding any provision of this chapter to the contrary, the corporation shall be subject to Act 178, Session Laws of Hawai‘i 2006, or any other law that provides for the office of Hawaiian affairs' pro rata portion of the public land trust, pursuant to article XII, section 6 of the state constitution, and section 10-3.

     §171C-C  Protection of traditional and customary rights.  Notwithstanding any provision of this chapter to the contrary, the corporation shall consult with the office of Hawaiian affairs regarding the corporation's projects, activities, and rules to ensure that its activities and rules shall not diminish any right customarily and traditionally exercised for subsistence, cultural, and religious purposes and possessed by ahupua‘a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights, as stated in article XII, section 7 of the state constitution and relevant case law."

     SECTION 2.  Section 171-2, Hawaii Revised Statutes, is amended to read as follows:

     "§171-2  Definition of public lands.  "Public lands" means all lands or interest therein in the State classed as government or crown lands previous to August 15, 1895, or acquired or reserved by the government upon or subsequent to that date by purchase, exchange, escheat, or the exercise of the right of eminent domain, or in any other manner; including lands accreted after May 20, 2003, and not otherwise awarded, submerged lands, and lands beneath tidal waters that are suitable for reclamation, together with reclaimed lands that have been given the status of public lands under this chapter, except:

     (1)  Lands designated in section 203 of the Hawaiian Homes Commission Act, 1920, as amended;

     (2)  Lands set aside pursuant to law for the use of the United States;

     (3)  Lands being used for roads and streets;

     (4)  Lands to which the United States relinquished the absolute fee and ownership under section 91 of the Hawaiian Organic Act prior to the admission of Hawaii as a state of the United States unless subsequently placed under the control of the board of land and natural resources and given the status of public lands in accordance with the state constitution, the Hawaiian Homes Commission Act, 1920, as amended, or other laws;

     (5)  Lands to which the University of Hawaii holds title;

     (6)  Lands to which the Hawaii housing finance and development corporation in its corporate capacity holds title;

     (7)  Lands to which the Hawaii community development authority in its corporate capacity holds title;

     (8)  Lands to which the department of agriculture holds title by way of foreclosure, voluntary surrender, or otherwise, to recover moneys loaned or to recover debts otherwise owed the department under chapter 167;

     (9)  Lands that are set aside by the governor to the Aloha Tower development corporation; lands leased to the Aloha Tower development corporation by any department or agency of the State; or lands to which the Aloha Tower development corporation holds title in its corporate capacity;

    (10)  Lands that are set aside by the governor to the agribusiness development corporation; lands leased to the agribusiness development corporation by any department or agency of the State; or lands to which the agribusiness development corporation in its corporate capacity holds title; and

    (11)  Lands to which the high technology development corporation in its corporate capacity holds title[; and

    (12)  Lands which are set aside by the governor to the public land development corporation; lands leased to the public land development corporation by any department or agency of the State; or lands to which the public land development corporation holds title in its corporate capacity]."

     SECTION 3.  Section 171C-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The board of directors of the public land development corporation shall consist of [five] seven voting members.  The members shall include:

     (1)  The chairperson of the board of land and natural resources, or the first deputy to the chairperson of the board of land and natural resources;

     (2)  The director of finance, or the director's designee;

     (3)  The director of business, economic development, and tourism, or the director's designee;

     (4)  One member to be appointed by the speaker of the house of representatives; [and]

     (5)  One member to be appointed by the president of the senate;

     (6)  The administrator of the office of Hawaiian affairs, or the administrator's designee; and

     (7)  One member who has demonstrated expertise in sustainable planning and natural and cultural resource management and is appointed in the manner, and serves for the term, set forth in section 26-34;

provided that the persons appointed by the speaker of the house of representatives and the president of the senate shall possess sufficient knowledge, experience, and proven expertise in small and large businesses within the development or recreation industries, banking, real estate, finance, promotion, marketing, or management.

     The term of office of the two voting members appointed by the speaker of the house of representatives and the president of the senate shall be four years each."

     SECTION 4.  Section 171C-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The corporation shall prepare the [Hawaii] Hawai‘i public land optimization plan, which shall define and establish goals, objectives, policies, and priority guidelines for its public land optimization development strategy.  The plan shall include:

     (1)  An inventory of public lands with suitable, adequate development potential that are or will become available that can be used to meet present and future land development needs;

     (2)  Protection of culturally-sensitive areas[;] and cultural practices, including traditional and customary native Hawaiian rights protected pursuant to article XII, section 7 of the state constitution;

     (3)  Feasible strategies for the promotion and marketing of any projects, including but not limited to leisure, recreational, commercial, residential, time share, hotel, office space, and business projects, in local, national, and international markets;

     (4)  Proposals to improve the gathering of data and the timely presentation of information on market demands and trends that can be used to plan future projects; and

     (5)  Strategies for federal and state legislative actions that will promote the development and enhancement of [Hawaii's] Hawai‘i's public lands."

     SECTION 5.  Section 171C-6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The corporation [may] shall initiate and coordinate the preparation of business and public land development plans for each of its projects.  The plans shall include [a] the following:

     (1)  A proposal for the organization of the enterprise[, a];

     (2)  A marketing strategy[, marketing-related];

     (3)  Marketing-related information[, the];

     (4)  The impact on existing development or visitor-related industries throughout the State[, and a];

     (5)  A recommendation for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any infrastructure or accessory facilities in connection with any project[.]; and

     (6)  A culturally-sensitive development plan that shall include:

         (A)  The identification and description of any cultural practices, including traditional and customary native Hawaiian rights, and cultural, historic, and natural resources in the ahupua‘a in which the project is proposed;

         (B)  An assessment of the project's potential effects on cultural practices, including traditional and customary native Hawaiian rights protected pursuant to article XII, section 7 of the state constitution, and cultural, historic, and natural resources; and

         (C)  Proposed mitigation measures for those effects."

     SECTION 6.  Section 171C-19, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§171C-19[]]  Exemption from requirements.  Notwithstanding section 171-42 and except as otherwise noted in this chapter, projects pursuant to this chapter shall be exempt from all statutes, ordinances, charter provisions, and rules of any government agency relating to special improvement district assessments or requirements; [land use, zoning, and] construction standards for subdivisions, development, and improvement of land; and the construction, improvement, and sale of homes thereon; provided that the public land planning activities of the corporation shall be coordinated with the county planning departments and the county land use plans, policies, and ordinances."

     SECTION 7.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

OHA Package; PLDC; Consultation; Cultural Practices; Exemptions

 

Description:

Subjects PLDC to laws regarding land exchanges, land use, zoning, and OHA's pro rata portion of the public land trust.  Requires PLDC to consult with OHA.  Increases membership of the board of directors of PLDC from 5 to 7.  Requires the Hawaii public land optimization plan to include the protection of cultural practices.  Requires PLDC to include a culturally-sensitive development plan for each of its projects.

 

 

 

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